Appeal from order passed under section 11, section 12, section 15 or section 16
Section 17 of the Indian Forest Act, 1927 deals with appeal from order passed under section 11, section 12, section 15 or section 16. Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the [State Government] in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, sec The Act came into force on 21 Sep 1927.
Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the 1[State Government] in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or section 16, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Collector, as the 1[State Government] may, by notification in the 2[Official Gazette], appoint to hear appeals from such orders:
Provided that the 1[State Government] may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the State Government, and, when the Forest Court has been so established, all such appeals shall be presented to it.
STATE AMENDMENT
Uttar Pradesh
Substitution of new section for section 17.--For section 17 of the principal Act, the following shall be substituted, namely--
"Appeal from order passed under section 11, section 12, section 15 or section 16.--Any person who has made a claim under this Act, or any Forest Officer or other person generally or specially empowered by the State Government in this behalf may, within three months from the date of the order passed on such claim by the Forest Settlement Officer under section 11, section 12, section 15 or section 16, present an appeal from such order to the District Judge.
Explanation-- In this section and in the succeeding sections of this Chapter. 'District Judge' means the District Judge of the district in which the land is situate, and includes an Additional Districts Judge to whom an appeal is transferred by the District Judge."
[Vide Uttar Pradesh Act XXIII of 1965, s. 5]
Section 17, The Indian Forest Act, 1927 (Act 16 of 1927).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajesh Sah vs State of Uttarakhand through Collector Nainital
Court's Decision & Legal Precedent
A District Judge hearing an appeal under Section 17 against the Forest Settlement Officer's compensation order discharges an adjudicatory function and is a 'Court', so the savings clause in Section 29(2) of the Limitation Act is attracted and Section 5 permits condonation of delay beyond the three months prescribed by Section 17; the State's appeal filed about a year and four months late was therefore entertainable.
On this section: Reads the three-month period in Section 17 as a limitation period and not an absolute bar, so that delay in a Section 17 appeal to the District Judge can be condoned on sufficient cause.
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Yogesh Saroha vs Union of India
Court's Decision & Legal Precedent
Where an appeal against the forest settlement/denotification order is already seized of by the statutory appellate authority (the Divisional Commissioner), the writ court will not decide the same controversy in parallel; the Court directed the appellate authority to dispose of the appeal by a reasoned speaking order within eight weeks and continued status quo over the land meanwhile.
On this section: Treats the Section 17 appeal to the prescribed appellate authority as the proper forum for challenging the settlement order, confining the High Court to directing its expeditious, reasoned disposal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 17
What have the courts held on Section 17 of the Indian Forest Act?
Rajesh Sah vs State of Uttarakhand through Collector Nainital (01 Apr 2021) is the leading judgment on this section among those set out below: Reads the three-month period in Section 17 as a limitation period and not an absolute bar, so that delay in a Section 17 appeal to the District Judge can be condoned on sufficient cause. Another 1 judgment on this section is set out below. They run from 2021 to 2024.
How do I find court cases under Section 17 of the Indian Forest Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Forest Act 1927 17, section 17 Indian Forest Act 1927, section 17 of the Indian Forest Act. People searching for it also type section 17 of indian forest act 1927. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rajesh Sah vs State of Uttarakhand through Collector Nainital (01 Apr 2021).
What should I read with Section 17 of the Indian Forest Act, and has it changed?
Its own text turns on section 11 (Power to acquire land over which right is claimed), section 12 (Order on claims to rights of pasture or to forest-produce), section 15 (Exercise of rights admitted), section 16 (Commutation of rights), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Indian Forest Act, 1927 (1990).
When did Section 17 of the Indian Forest Act come into force?
Section 17 of the Indian Forest Act, cited as Indian Forest Act 1927 17, came into force on 21 Sep 1927, having been enacted on 21 Sep 1927. It is in force as at the date shown on this page.
Other sections of this Act
- 52. Seizure of property liable to confiscation4491 words
- 38. Protection of forests at request of owners2928 words
- 61. Saving of power to release property seized2876 words
- 82. Recovery of money due to Government2108 words
- 20. Notification declaring forest reserved1635 words
- 2. Interpretation clause1380 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.